Article Category: Employment Law & HR – Insight & Opinion

Agricultural Workers’ Rights: What’s the Correct Level of Pay?

Agricultural Workers’ rights and pay in the agricultural sector can often leave many employers confused and unaware of the complex provisions. Keeping up to date with employment legislation can be vital to ensure you are not caught out. Particularly when the government typically introduces new legislation each spring. What are Agricultural workers’ rights? Firstly, the… Read more »

How a Flawed Disciplinary Process Can Lead to Constructive Dismissal Claims and Discrimination

It has been well publicised of late how important it is for employers to undertake a fair, reasonable and impartial investigation process. The recent case of the Governing Body of Tywyn Primary School v Aplin emphasises this, bringing to light constructive dismissal and possible discrimination during their disciplinary investigation process. What happened? An openly-gay headteacher,… Read more »

Prohibition Order: The case of Lone v Secretary of State for Education

Mr Lone was dismissed for gross misconduct from his position following a complaint made by a female colleague. The colleague complained of unwanted messages and emails sent by the Claimant. Following the dismissal, a professional conduct panel for the Teaching Regulation Agency (TRA) recommended to the Secretary of State that a prohibition order be put… Read more »

Redundancy: Law Firm Made its Staff Redundant by Text Message

A collapsing Oldham law firm, Broadway Legal Limited trading as Broadway Solicitors, who made redundancy announcements to its staff by text message have been ordered by an Employment Tribunal to make a protective award of 90 days’ pay to one of its employees.  What happened in the redundancy case? The Claimant, Mr Evans, brought a… Read more »

Are workers entitled to reschedule sickness-affected holiday?

The current position is that if an employee is absent due to ill health reasons before and then during what was pre-booked annual leave, they should, as far as the Working Time Directive is concerned, have the right to reschedule the holiday for a later date. If that employee remains off sick until the end… Read more »

Disability Discrimination Claims are on the Rise

The number of people making claims for disability discrimination in the Employment Tribunal has soared by 37% compared to last year. With Employment Tribunal claims in general rising only 4% that means the number of disability discrimination claims has risen more than eight times faster than the growth of all tribunal claims. Why? What’s caused… Read more »

Avoiding Automatic Unfair Dismissal Claims During a TUPE Transfer

In a recent Court of Appeal case, an employee who worked as a cashier in a wine wholesale business for over 10 years was dismissed on the day the business was due to transfer to new ownership. The reason for dismissal, as stated in the dismissal letter, was that company was ceasing to trade due… Read more »

Should Voluntary Overtime be Factored into your Holiday Pay?

In the recent case of Hein v Holzkamm GmbH and Co KG, the European Court of Justice (“ECJ”) indicated that voluntary overtime should not be factored into holiday pay. The ECJ stated ‘given its exceptional and unforeseeable nature, remuneration received for overtime does not, in principle, form part of remuneration’. This decision now casts doubt… Read more »